David Asbury

David Asbury is an attorney in the Financial Services Litigation practice, with a practice that includes the representation of clients in consumer law, business disputes, and commercial litigation in both federal and state court.

Firm/Organization: Troutman Sanders LLP

Blogs: Consumer Financial Services Law Monitor

Latest Articles

Consumer Financial Services Law Monitor

CFPB Files Lawsuit Against Student Loan Debt Relief Operation, Alleging $71M in Unlawful Advance Fees

By David Asbury & Andrew Buxbaum

November 14, 2019

Recently, the Consumer Financial Protection Bureau, along with the states of Minnesota, North Carolina, and California, filed a lawsuit in California federal court against a student loan debt-relief operation. The CFPB alleges that the companies charged over $71 million in unlawful advance fees in connection with the marketing and sale of student loan debt-relief services to consumers. Specifically, the CFPB alleges that since 2015, the companies deceived consumers by misrepresenting that they could qualify for…

Consumer Financial Services Law Monitor

District Court Rules that TCPA Applies to Offers of Employment in Text Messages

By David Asbury, Andrew Buxbaum & David N. Anthony

September 17, 2019

One of the most ambitious (i.e., bad) arguments ever made by a defendant in a TCPA case was rejected by the Western District of New York in Gerrard v. Acara Sol. Inc., 1:18-cv-1041, 2019 U.S. Dist. LEXIS 108038, 2019 WL 2647758 (W.D.N.Y. June 27, 2019). Acara Solutions argued their text messages with job offers were not telemarketing in nature and therefore not subject to the TCPA. Acara Solutions tried to argue in its motion to dismiss…

Consumer Financial Services Law Monitor

Just Because You Own the House Doesn’t Mean You “Owe a Debt” Under the FDCPA

By David Asbury, Andrew Buxbaum & David N. Anthony

September 17, 2019

A pro se plaintiff’s lawsuit brought pursuant to the Fair Debt Collection Practices Act was dismissed by the District of New Jersey for lack of standing in Kraft v. Phelan Hallinan Diamond & Jones, P.C., U.S. Dist. LEXIS 126323 (D. N.J. July 30, 2019). Plaintiff Warren R. Kraft inherited real estate from his deceased father who previously had taken out a mortgage on the property. The mortgage was in default, and when Phelan Hallinan pursued foreclosure,…

Consumer Financial Services Law Monitor

They’re Finally Going After Robocalls – FCC Formalizes Policies to Block Robocalls

By David Asbury, Andrew Buxbaum & David N. Anthony

June 17, 2019

Last fall, Troutman Sanders reported that the Federal Communications Commission released its final report and order creating a reassigned numbers database to block robocalls. The FCC has now issued formalized policies to allow carriers to block calls by default using “reasonable analytics.” The final version of the ruling is largely unchanged from the proposed version. The FCC now turns to carriers to follow through and block unwanted robocalls. Chairman Ajit Pai said in a statement that “now is…

Consumer Financial Services Law Monitor

Ralph Lauren Must Defend TCPA Suit Over Excessive Text Messages

By David Asbury, Andrew Buxbaum & David N. Anthony

May 9, 2019

The United States District Court for the Northern District of Illinois denied Ralph Lauren’s motion to dismiss in favor of a recipient of text messages in Hudson v. Ralph Lauren Corp. et al. Ralph Lauren now must defend the class action suit over excessive text messages. Plaintiff Patrick Hudson alleged Ralph Lauren violated the Telephone Consumer Protection Act by sending him 188 text messages via autodialer without his consent. Ralph Lauren filed a motion to dismiss,…

Consumer Financial Services Law Monitor

West Virginia Supreme Court Weighs In on Debt Collector’s Bona Fide Error Defense Under WVCCPA

By Jason E. Manning, Megan Burns, David Asbury & Andrew Buxbaum

April 16, 2019

Flag of West Virginia — West Virginia flag waving in the wind. Elaborate rendering including motion blur and even a fabric texture (visible at 100%).

The West Virginia Supreme Court ruled against a debt collector in LTD Financial Services, L.P. v. Collins, affirming the lower court’s order granting the plaintiff’s motion for a directed verdict. Specifically, the Court ruled that the plaintiff was not required to prove intent as part of his affirmative claim and LTD Financial Services did not carry its burden of proving the affirmative defense of bona fide error at trial. Plaintiff Brian Collins alleged violations of…

Consumer Financial Services Law Monitor

Democrats Unveil Legislation to End “Forced Arbitration” Against Consumers and Employees

By Andrew Buxbaum, David Asbury & David N. Anthony

March 4, 2019

Requiring an employee or consumer to submit any dispute to binding arbitration as a condition of employment or purchase of a product or service is commonly referred to as “forced arbitration.” Many times, the employee or consumer is required to waive their right to sue or to participate in a class action lawsuit. Critics argue that these arbitration agreements disempower the middle class and some in Congress have taken notice. Last Thursday, Congressman Jerrold Nadler…

Consumer Financial Services Law Monitor

District Court Rules That Providing Consumer with Debt Collector’s Telephone Number Does Not Violate FDCPA

By David Asbury, Andrew Buxbaum & David N. Anthony

February 2, 2019

The United States District Court for the District of New Jersey ruled in favor of a debt collector in Martinez v. Diversified Consultants, Inc., granting a motion to dismiss the plaintiffs’ class claims regarding a collection letter that contained the collector’s phone number. Plaintiff Waleska Martinez alleged violations of Section 1692g of the Fair Debt Collection Practices Act for containing the debt collectors’ phone number. Martinez argued that the collection letter “would cause the…

Consumer Financial Services Law Monitor

District Court Rules in Favor of Debt Collector in Lawsuit Alleging It Did Not Name Creditor in Collection Letter

By David Asbury & Andrew Buxbaum

January 2, 2019

On December 17, the United States District Court for the Eastern District of New York ruled in favor of a debt collector in Taubenfliegel v. Miller & Milone, P.C., granting a motion for summary judgment regarding the naming of the creditor in a collection letter. Plaintiff Elizabeth Taubenfliegel alleged violations of Section 1692g of the FDCPA for failing to name the creditor in a debt collection letter which sought to collect a debt owed…

Consumer Financial Services Law Monitor

They’re REALLY Coming for Robocalls! FCC Releases Final Draft Proposal Designed to Reduce Robocalls

By David Asbury, Andrew Buxbaum, David M. Gettings, Ethan G. Ostroff & David N. Anthony

November 30, 2018

Last month, Troutman Sanders reported on the proposed TRACED Act which would instruct the Federal Communications Commission to engage in rulemaking to protect consumers from receiving unwanted calls and text messages from unauthenticated phone numbers. FCC Chairman Ajit Pai tweeted his approval for the bill, but the FCC is not waiting on Congress to fight robocalls. On November 21, it released its final report and order on creating a reassigned numbers database. According to the…

David Asbury

CFPB Files Lawsuit Against Student Loan Debt Relief Operation, Alleging $71M in Unlawful Advance Fees

District Court Rules that TCPA Applies to Offers of Employment in Text Messages

Just Because You Own the House Doesn’t Mean You “Owe a Debt” Under the FDCPA

They’re Finally Going After Robocalls – FCC Formalizes Policies to Block Robocalls

Ralph Lauren Must Defend TCPA Suit Over Excessive Text Messages

West Virginia Supreme Court Weighs In on Debt Collector’s Bona Fide Error Defense Under WVCCPA

Democrats Unveil Legislation to End “Forced Arbitration” Against Consumers and Employees

District Court Rules That Providing Consumer with Debt Collector’s Telephone Number Does Not Violate FDCPA

District Court Rules in Favor of Debt Collector in Lawsuit Alleging It Did Not Name Creditor in Collection Letter

They’re REALLY Coming for Robocalls! FCC Releases Final Draft Proposal Designed to Reduce Robocalls

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